Home Health Products Panama enacts new rules for the advertising of health products – Lexology

Panama enacts new rules for the advertising of health products – Lexology

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Only 4 months after the internal regulation of the Advertising and Propaganda Commission of the Ministry of Health was approved, it was considered necessary to issue a new regulation in which the procedure for requesting approval of any publicity and/or advertising material of all products, equipment or services related to hygiene, medicine, cosmetics, food and, in general, everything associated to or that could affect the physical and/or mental health of the population in Panamanian territory was clearly established. 

Hence, starting March 8, through Resolution No. 523 of 2019 issued by the Directorate General for Health, the interested party in publishing or advertising in any media, whether press, television, radio, billboards or any other media that may exist, must comply with a series of requirements for such advertising to be approved. Within these requirements, the commercial license of the responsible economic agent in Panama, copy of each Health Registry of each of the products that are intended to be advertised, along with a formal and substantiated request to the General Directorate of Health, among others, must be provided. 

Additionally, the decision approving or rejecting the advertising material will be rendered by reasoned Resolution, when previously only an official note was issued. This modality allows the interested party to take legal actions against the decision pronounced, in case it is unfavorable to their interests. 

The interested party in publishing or advertising in any media, must comply with a series of requirements for such advertising to be approved…

Unlike the previous regulations where the authorizations were valid for only 6 months, currently the approved material may be circulated for up to 1 year, as long as no variations are made to it. 

On the other hand, all promotions, offers and advertising must comply with the applicable legislation on Consumer Protection and Defense of Competition. Failure to comply with current regulations will impose sanctions ranging from US $10 to US $ 100,000, which arise as a result of a complaint by consumers or ex officio, due inspections performed by any of the entities involved: Panamanian Food Safety AuthorityAUPSA, Ministry of HealthMINSA, Authority for Consumer Protection, Defense and Competition-ACODECO and Ministry of Economy and Finances-MEF, as applicable. 

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